FAZAL GHAFOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner in this application under Article 32 of the Constitution has asked for five reliefs:-

(2.) By our judgment delivered today in Dr. C. Surekha v. Union of India AIR 1989 SC 44 we have already held that there is no merit in the allegation of the Presidential Order or the constitutional provision authorising the issuance of such order is hit by violation of the basic structure of the Constitution. So far as the State of Andhra Pradesh is concerned the position is as envisaged in the Presidential Order. In Dr. Pradeep Jain's case (supra) this Court has observed that in Super Specialities there should really be no reservation. This is so in the general interest of the country and for improving the standard of higher education and thereby improving the quality of available medical services to the people of India. We hope and trust that the Government of India and the State Governments shall seriously consider this aspect of the matter without delay and appropriate guidelines shall be evolved by the Indian Medical Council so as to keep the Super Specialities in medical education unreserved, open and free.

(3.) With these observations, the writ petition is disposed of. There would be no order for costs.